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One of our primary concerns with the bill as reported 
is section 2(a)(2) which amends section 102(c) of the Act to 
require mandatory designation of dumping sites by the EPA 
for both section 102 and 103 permits. We are concerned that 
by making this change, the authority of the Army Corps of 
Engineers to dump dredged materials, or to permit such 
dumping pursuant to Section 103 at sites which have not 
received formal designation, would be precluded. Currently, 
dumping of dredged material may take place at a site which 
has received final or interim designation, or, where use of 
a designated site is not feasible, at a site determined pur- 
suant to the 103 permit process. We are concerned that the 
chanse, making designations mandatory, especially when made 
in conjunction with section 5(a) of the bill dealing with 
interim designations, could be read as precluding future 
interim designation or dumping at a non-designated site even 
when use of a designated site was not feasible. We under- 
stand that this is not what is intended by the Committee on 
Merchant Marine and Fisheries. Nonetheless, we are concerned 
that this may be the practical effect of the change. 
The Department of the Ariny also objects to the stringent ' 
monitoring requirements for all sites which would be imposed 
under proposed section 102(c)(2) and the definition of 
"monitoring" under section 6 of the bill. Monitoring shculd 
be required only where the nature and quantity of material 
durived justify the additional costs of such monitoring. 
The Department of the Army also believes any decision 
to limit dumping at a designated site used for dumping of 
a@redged material or any suspension of the sites designation 
under proposed subsection 102(c)(3) should require prior 
consultation of the Secretary. Accordingly, we object to 
the proposed new section 102(c)(3) of the bill. 
we are also concerned that section 5(a) of the bill 
could be read as precluding use of a site after completion 
of baseline or trend assessment surveys but before a decision 
on final designation is reached. This could result in 
halting use of the site for several months during the "gap" 
between completion of studies and final designation. 
